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House Journal: Thursday, March 28, 2002

JOURNAL OF THE HOUSE

Seventy-fourth Calendar Day - Fifty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 28, 2002

The House met pursuant to adjournment at 9:04 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Ako Abdul-Samad, pastor of the Des Moines
Islamic Center. He was the guest of Representative Wayne Ford of
Polk County.

The Journal of Wednesday, March 27, 2002 was approved.

PETITION FILED

The following petition was received and placed on file:

By Murphy of Dubuque, from one hundred eleven constituents of
the thirty-sixth district favoring continued funding of public
transportation through the road use tax fund.

INTRODUCTION OF BILLS

House File 2593, by Ford, a bill for an act relating to limitations
on telephone solicitations, and providing for civil remedies and
penalties.

Read first time and referred to committee on commerce and
regulation.

House File 2594, by Ford, a bill for an act relating to E911
operations, by providing for the distribution of surcharges collected
from wireless communication providers, and by limiting liability
related to the provision of E911 services.

Read first time and referred to committee on commerce and
regulation.

House File 2595, by Ford, a bill for an act requiring law
enforcement agencies to provide information about persons

possessing, delivering, or possessing with intent to deliver, controlled
substances near a school.

Read first time and referred to committee on judiciary.

House File 2596, by Ford, a bill for an act relating to residential
real estate installment contracts by requiring contract disclosure
statements for certain contracts, providing for a penalty, and
providing an applicability date.

Read first time and referred to committee on commerce and
regulation.

House File 2597, by Ford, a bill for an act relating to the
appointment of community advisory committees by the board of
directors of each public school district and the authorities in charge of
each nonpublic school.

Read first time and referred to committee on education.

House File 2598, by Ford, a bill for an act creating increased
criminal penalties for assault and harassment of members of certain
occupations.

Read first time and referred to committee on judiciary.

House File 2599, by Ford, a bill for an act creating increased
criminal penalties for harassment of members of certain occupations.

Read first time and referred to committee on judiciary.

House File 2600, by Ford, a bill for an act relating to operating-
while-intoxicated and homicide by vehicle offenses and providing
penalties.

Read first time and referred to committee on judiciary.

House File 2601, by Ford, a bill for an act relating to telephone
service by including certain blocking features within the definition of
basic local telephone service and giving legal representatives of
customers certain rights.


Read first time and referred to committee on commerce and
regulation.

House File 2602, by Ford, a bill for an act relating to terrorism
and terrorist-related crimes by requiring the state department of
transportation to review safety measures at airports, establishing
new crimes, and providing penalties.

Read first time and referred to committee on judiciary.

House File 2603, by Ford, a bill for an act creating a junior
entrepreneur training assistance program and providing a tax
deduction.

Read first time and referred to committee on economic
development.

House File 2604, by Ford, a bill for an act creating an
independent child permanency advisory committee for state policy
regarding out-of-home placement of children.

Read first time and referred to committee on human resources.

House File 2605, by Ford, a bill for an act relating to procedures
for commutation of a class "A" felon.

Read first time and referred to committee on judiciary.

House File 2606, by Ford, a bill for an act relating to the unlawful
manufacture, delivery, or possession with the intent to manufacture
or deliver cocaine or substances or counterfeit substances related to
cocaine.

Read first time and referred to committee on judiciary.

House File 2607, by Ford, a bill for an act relating to fertilizers
and soil conditioners and pesticides, by providing for their
containment, providing for fees, providing penalties, and providing an
effective date.

Read first time and referred to committee on agriculture.

House File 2608, by Ford, a bill for an act requiring the state
department of transportation to provide more options for identifying
the race of a driver's license applicant.

Read first time and referred to committee on transportation.

SENATE MESSAGE CONSIDERED

Senate File 2318, by committee on ways and means, a bill for an
act relating to the tax on premiums and subscriber contract payments
received by insurance companies and health service corporations by
phasing in a reduction in the tax and increasing the prepayment of
the tax, providing for a study, and including an effective date.

Read first time and referred to committee on ways and means.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Frevert of Palo Alto, for today and Monday, April 1, 2002, on request of Myers of
Johnson.

SENATE AMENDMENT CONSIDERED

Grundberg of Polk called up for consideration House File 2344, a
bill for an act relating to the retention of unemployment benefits
contested case hearing records, amended by the Senate, and moved
that the House concur in the following Senate amendment H-8449:

H-8449

1 Amend House File 2344, as passed by the House, as
2 follows:
3 1. Page 1, line 5, by striking the words "or
4 stenographic notes".
5 2. Page 1, line 8, by striking the words "or the
6 transcription thereof", and inserting the following:
7 "in which the decision of the administrative law judge
8 is not appealed to the employment appeal board".
9 3. Page 1, line 9, by striking the words "one
10 year" and inserting the following: "two years".


The motion prevailed and the House concurred in the Senate
amendment H-8449.

Grundberg of Polk moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a last
time.

On the question "Shall the bill pass?" (H.F. 2344)

The ayes were, 96:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Fallon Finch
Foege Ford Garman Gipp
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Jones
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Raecker Rants
Rayhons Reeder Rekow Reynolds
Richardson Roberts Scherrman Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Frevert Quirk Schrader Teig

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.


MOTION TO RECONSIDER PREVAILED

Bradley of Clinton called up for consideration the motion to
reconsider House File 583, filed on March 25, 2002, and moved to
reconsider the vote by which House File 583, a bill for an act
relating to the certification of persons providing water pump services,
failed to pass the House on March 25, 2002.

A non-record roll call was requested.

The ayes were 59, nays 14.

The motion prevailed and the House reconsidered House File 583.

Bradley of Clinton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 583)

The ayes were, 81:
Alons Arnold Atteberry Baudler
Boal Boggess Bradley Brauns
Broers Brunkhorst Bukta Carroll
Chiodo Cohoon Connors Dix
Dolecheck Dotzler Drake Eddie
Elgin Finch Foege Ford
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Hoversten Huseman Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kuhn Larkin Larson
Lensing Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Roberts Scherrman
Seng Shey Shoultz Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Tremmel Tymeson Van Fossen
Warnstadt Wilderdyke Winckler Witt
Mr. Speaker
Siegrist

 




The nays were, 16:
Bell Boddicker Cormack Eichhorn
Fallon Garman Horbach Huser
Kreiman Manternach Richardson Schrader
Tyrrell Van Engelenhoven Weidman Wise

 


Absent or not voting, 3:
De Boef Frevert Teig

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

SENATE AMENDMENT CONSIDERED

Manternach of Jones called up for consideration House File 2530,
a bill for an act providing for the control of pseudorabies, and making
penalties applicable, amended by the Senate, and moved that the
House concur in the following Senate amendment H-8420:

H-8420

1 Amend House File 2530, as passed by the House, as
2 follows:
3 1. Page 3, by inserting after line 17, the
4 following:
5 "Sec. . EFFECTIVE DATE. This Act, being deemed
6 of immediate importance, takes effect upon enactment."
7 2. Title page, line 1, by striking the words "and
8 making" and inserting the following: "making".
9 3. Title page, line 2, by inserting after the
10 word "applicable" the following: ", and providing an
11 effective date".

The motion prevailed and the House concurred in the Senate
amendment H-8420.

Manternach of Jones moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2530)


The ayes were, 96:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Bradley
Brauns Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Jones Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Reeder Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Boggess Dolecheck Frevert Teig

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 583, 2344 and 2530.

The House stood at ease at 9:59 a.m., until the fall of the gavel.

The House resumed session at 11:00 a.m., Millage of Scott in the
chair.


QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-six members present, thirty-
four absent.

Horbach of Tama in the chair at 11:05 a.m.

SENATE AMENDMENT CONSIDERED

Grundberg of Polk called up for consideration House File 2571, a
bill for an act relating to the establishment of an Iowa cultural trust,
an Iowa cultural trust fund, and an Iowa cultural trust grant account,
providing for the issuance of trust fund credits, and providing for
related matters, amended by the Senate, and moved that the House
concur in the following Senate amendment H-8450:

H-8450

1 Amend House File 2571, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by striking lines 30 through 32 and
4 inserting the following: "sustainability of a
5 qualified organization."

The motion prevailed and the House concurred in the Senate
amendment H-8450.

Grundberg of Polk moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a last
time.

On the question "Shall the bill pass?" (H.F. 2571)

The ayes were, 96:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Fallon Finch
Foege Garman Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Siegrist, Spkr. Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Horbach,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Ford Frevert Gipp Teig

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2571 be immediately messaged to the Senate.

Sukup of Franklin in the chair at 11:11 a.m.

CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 2118, a bill for an act prohibiting certain activities
related to the use or destruction of the materials of human
reproduction, and providing penalties, with report of committee
recommending passage, was taken up for consideration.

Hansen of Pottawattamie asked and received unanimous consent
to withdraw amendment H-8322 filed by him and Myers of Johnson
on March 18, 2002, placing out of order amendment H-8394 filed by
Dolecheck, et al., on March 20, 2002.

Hansen of Pottawattamie asked and received unanimous consent
to withdraw amendment H-8411 filed by Hansen, et al., on March 21,
2002.

Hansen of Pottawattamie offered the following amendment H-8451
filed by him and Myers of Johnson and moved its adoption:

H-8451

1 Amend Senate File 2118, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 707B.1 TITLE.
6 This chapter shall be known and may be cited as the
7 "Human Cloning and Stem Cell Research Act".
8 Sec. 2. NEW SECTION. 707B.2 PURPOSE.
9 It is the purpose of this chapter to prohibit human
10 reproductive cloning for any purpose.
11 Sec. 3. NEW SECTION. 707B.3 DEFINITIONS.
12 As used in this chapter, unless the context
13 otherwise requires:
14 1. "Human cloning" means human asexual
15 reproduction, accomplished by introducing the genetic
16 material of a human somatic cell into an oocyte whose
17 nucleus has been removed or inactivated, to produce a
18 living organism with a human or predominantly human
19 genetic constitution.
20 2. "Human somatic cell" means a diploid cell,
21 having a complete set of chromosomes, obtained or
22 derived from a living or deceased human body at any
23 stage of development.
24 3. "Nuclear transplantation" means introducing the
25 nuclear material of a human somatic cell into a
26 fertilized or unfertilized oocyte from which the
27 nucleus has been or will be removed or inactivated.
28 4. "Oocyte" means the unfertilized human ovum.
29 Sec. 4. NEW SECTION. 707B.4 HUMAN CLONING -
30 PROHIBITIONS - EXCEPTIONS - PENALTY.
31 1. A person shall not intentionally or knowingly
32 do any of the following:
33 a. Perform or attempt to perform human cloning.
34 b. Participate in performing or in an attempt to
35 perform human cloning.
36 c. Transfer or receive, in whole or in part, to
37 ship, receive, or import the product of nuclear
38 transplantation for the purpose of human cloning.
39 d. Perform research on any fertilized oocyte,
40 unless the fertilized oocyte was created for the
41 purpose of in vitro fertilization, in excess of the

42 clinical need, and subsequently donated for the
43 purpose of research.
44 2. This chapter shall not restrict areas of
45 scientific research not specifically prohibited,
46 including in vitro fertilization; the administration
47 of fertility-enhancing drugs; or be construed to
48 restrict areas of biomedical, agricultural, or
49 scientific research not specifically prohibited by
50 this chapter. This chapter shall not be interpreted

Page 2

1 to prohibit the performance of human stem cell
2 research in this state which is allowed as specified
3 in subsection 1, paragraph "d".
4 3. Nuclear transplantation, including somatic cell
5 nuclear transfer, shall not be performed in this state
6 until on or after July 1, 2006.
7 4. a. A person who violates subsection 1,
8 paragraph "a" or "b", is guilty of a class "C" felony.
9 b. A person who violates subsection 1, paragraph
10 "c", is guilty of an aggravated misdemeanor.
11 5. A person who violates this section in a manner
12 that results in a pecuniary gain to the person is
13 subject to a civil penalty in an amount that is twice
14 the amount of the gross gain.
15 6. A person who violates this section and who is
16 licensed pursuant to chapter 148, 150, or 150A is
17 subject to revocation of the person's license.
18 7. A violation of this section is grounds for
19 denial of an application for, denial of renewal of, or
20 revocation of any license, permit, certification, or
21 any other form of permission required to practice or
22 engage in any trade, occupation, or profession
23 regulated by the state.
24 Sec 5. NEW SECTION. 707B.5 DONATION AND INFORMED
25 CONSENT FOR STEM CELL RESEARCH.
26 Notwithstanding any provision of this chapter to
27 the contrary, human embryos created only for the
28 purpose of in vitro fertilization, in excess of the
29 clinical need, may be donated for the purpose of stem
30 cell research and treatment and those human embryos
31 donated may be used for research and treatment, if the
32 donation meets all of the following requirements:
33 1. The donation is voluntary.
34 2. No inducement, monetary or of any other nature,
35 is offered in exchange for the donation.
36 3. Informed consent for the donation is obtained
37 from the individuals participating in the in vitro
38 fertilization treatments.
39 4. The individuals participating in the in vitro
40 fertilization treatments are informed that the human

41 embryos may be placed for adoption."
42 2. Title page, lines 1 and 2, by striking the
43 words "the use or destruction of the materials of
44 human reproduction" and inserting the following:
45 "human cloning and stem cell research".

Roll call was requested by Garman of Story and Alons of Sioux.

On the question "Shall amendment H-8451 be adopted?" (S.F.
2118)

The ayes were, 50:
Atteberry Bell Boggess Brauns
Bukta Chiodo Cohoon Connors
Cormack Dotzler Eddie Elgin
Foege Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Huser Jacobs Jenkins Jochum
Jones Kreiman Kuhn Larkin
Lensing Mascher May Metcalf
Murphy Myers Petersen Reynolds
Richardson Schrader Shoultz Sievers
Smith Stevens Taylor, D. Taylor, T.
Tymeson Warnstadt Weidman Winckler
Wise Witt

 


The nays were, 47:
Alons Arnold Baudler Boal
Boddicker Bradley Broers Brunkhorst
Carroll De Boef Dix Dolecheck
Drake Eichhorn Fallon Finch
Garman Hoffman Horbach Hoversten
Huseman Johnson Kettering Klemme
Larson Manternach Mertz Millage
O'Brien Osterhaus Quirk Raecker
Rants Rayhons Reeder Rekow
Roberts Scherrman Seng Shey
Siegrist, Spkr. Tremmel Tyrrell Van Engelenhoven
Van Fossen Wilderdyke Sukup,
Presiding

 


Absent or not voting, 3:
Ford Frevert Teig

 


Amendment H-8451 was adopted.


Rants of Woodbury asked and received unanimous consent that
Senate File 2118 be deferred and that the bill retain its place on the
unfinished business calendar.

Speaker Siegrist in the chair at 1:25 p.m.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 28, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2193, a bill for an act relating to modal transportation, including
changes in transit coordination requirements, elimination of the Iowa railway finance
authority, and changes in the aircraft registration process.

Also: That the Senate has on March 28, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2582, a bill for an act appropriating federal funds made available from
federal block grants and other federal grants, allocating portions of federal block
grants, and providing procedures if federal funds are more or less than anticipated or if
federal block grants are more or less than anticipated.

MICHAEL E. MARSHALL, Secretary

Unfinished Business Calendar

Senate File 2279, a bill for an act relating to the regulated
commercial activities of insurance and security sales, including rate
adjustments for small group coverage, provisions pertaining to state
and county mutual insurance associations, termination dates and
licensed health care providers for emergency medical malpractice
insurance, suspension of an insurer's certificate of authority for
delinquency, exceptions to the right of a notice of intent not to renew,
coverage requirements in a medical expense policy, tort immunity
related to viatical settlement contracts, confidentiality of certain
personal information in securities and insurance filings,
postponement or suspension of registration under the blue sky law,
reporting related to professional liability insurance, annual
percentage rate used in calculations of the minimum nonforfeiture


amount relating to individual deferred annuities, and providing for a
future repeal, previously deferred and found on pages 925-928 of the
House Journal.

The House resumed consideration of amendment H-8412, to
amendment H-8403, previously deferred and found on pages 927-928
of the House Journal, filed by Petersen of Polk.

Gipp of Winneshiek in the chair at 1:36 p.m.

Petersen of Polk moved the adoption of amendment H-8412, to
amendment H-8403.

Roll call was requested by Myers of Johnson and Petersen of Polk.

On the question "Shall amendment H-8412, to amendment H-
8403 be adopted?" (S.F. 2279)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Greimann Hatch Huser
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reeder Reynolds
Richardson Scherrman Schrader Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


The nays were, 52:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Carroll Cormack De Boef
Dix Drake Eddie Eichhorn
Elgin Finch Garman Grundberg
Hahn Hansen Heaton Hoffman
Horbach Hoversten Huseman Jacobs
Jenkins Johnson Jones Kettering
Klemme Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Siegrist, Spkr.
Sievers Sukup Tymeson Tyrrell
Van Engelenhoven Weidman Wilderdyke Gipp,
Presiding

 



Absent or not voting, 6:
Brauns Dolecheck Ford Frevert
Teig Van Fossen

 


Amendment H-8412 lost.

Petersen of Polk offered the following amendment H-8416, to
amendment H-8403, filed by her and moved its adoption:

H-8416

1 Amend the amendment, H-8403, to Senate File 2279,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 33 the
5 following:
6 "___. Page 6, by inserting after line 26 the
7 following:
8 "Sec. . NEW SECTION. 509.20 NOTICE OF RATE
9 INCREASE.
10 1. For purposes of this section, "policy or
11 contract for group health benefit coverages, including
12 a contract to provide services to a plan providing
13 group health benefit coverages" applies to all of the
14 following:
15 a. A group policy of health insurance under this
16 chapter.
17 b. A plan established pursuant to chapter 509A for
18 public employees.
19 c. A plan offered pursuant to chapter 513B.
20 d. A group contract of a nonprofit health service
21 corporation under chapter 514.
22 e. A group plan of a health maintenance
23 organization under chapter 514B.
24 f. An organized delivery system authorized under
25 1993 Iowa Acts, chapter 158, and licensed by the
26 director of public health.
27 g. Preferred provider contracts limiting choice of
28 specific provider.
29 h. Any other policy, contract, or plan for
30 covering the health care costs of a defined group.
31 2. A person who issues a policy or contract for
32 group health benefit coverages, including a contract
33 to provide services to a plan providing group health
34 benefit coverages to a group, shall provide notice of
35 a rate increase for the policy or contract at least
36 sixty days prior to the effective date of the rate
37 increase to the policyholder, contract holder, or
38 sponsor of the group health benefit plan."
39 ___. Page 7, by inserting after line 2 the

40 following:
41 "Sec. . NEW SECTION. 513C.5A NOTICE OF RATE
42 INCREASE.
43 A carrier shall provide notice of a rate increase
44 for the plan at least sixty days prior to the
45 effective date of the rate increase to the individual
46 covered by the plan.
47 Sec. . Section 514.6, Code 2001, is amended to
48 read as follows:
49 514.6 RATES - APPROVAL BY COMMISSIONER - NOTICE
50 OF INCREASE.

Page 2

1 1. The rates charged by any such corporation to
2 the subscribers for health care service shall at all
3 times be subject to the approval of the commissioner
4 of insurance.
5 2. A corporation offering health care services to
6 subscribers pursuant to this chapter shall provide
7 notice of a rate increase to subscribers at least
8 sixty days prior to the effective date of the rate
9 increase."
10 ___. Page 7, by inserting after line 15 the
11 following:
12 "Sec. . NEW SECTION. 514A.16 NOTICE OF RATE
13 INCREASE.
14 An insurer shall provide notice of a rate increase
15 for a health insurance policy to the insured at least
16 sixty days prior to the effective date of the rate
17 increase."
18 ___. Page 7, by inserting after line 19 the
19 following:
20 "Sec. . NEW SECTION. 514E.12 NOTICE OF RATE
21 INCREASE.
22 A carrier or organized delivery system shall
23 provide notice of a rate increase for the association
24 policy to the insured at least sixty days prior to the
25 effective date of the rate increase.""
26 2. By renumbering, redesignating, and correcting
27 internal references as necessary.

Roll call was requested by Petersen of Polk and Bukta of Clinton.

On the question "Shall amendment H-8416, to amendment H-
8403 be adopted?" (S.F. 2279)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Greimann Hatch Huser
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reeder Reynolds
Richardson Scherrman Schrader Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


The nays were, 53:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Carroll Cormack De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Garman
Grundberg Hahn Hansen Heaton
Hoffman Horbach Hoversten Huseman
Jacobs Jenkins Johnson Kettering
Klemme Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Siegrist, Spkr.
Sievers Sukup Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Wilderdyke
Gipp,
Presiding

 


Absent or not voting, 5:
Brauns Ford Frevert Jones
Teig

 


Amendment H-8416 lost.

On motion by Hoffman of Crawford, amendment H-8403,
previously deferred, was adopted.

Hoffman of Crawford moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (S.F. 2279)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Fallon Finch Foege
Garman Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Siegrist, Spkr. Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Brauns Ford Frevert Sievers
Teig Witt

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

INTRODUCTION OF BILL

House File 2609, by Grundberg, a bill for an act relating to local
government, including counties, cities, townships, community
colleges, and benefited districts.

Read first time and referred to committee on ways and means.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2279 be immediately messaged to the Senate.

Senate File 2228, a bill for an act relating to utilization of school
district moneys for physical plant and equipment levy purposes, with

report of committee recommending amendment and passage, was
taken up for consideration.

Brunkhorst of Bremer offered the following amendment H-8284
filed by the committee on education and moved its adoption:

H-8284

1 Amend Senate File 2228, as passed by the Senate, as
2 follows:
3 1. Page 1, by striking lines 6 through 12.

The committee amendment H-8284 was adopted.

Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8439 filed by him on March 26, 2002.

Fallon of Polk asked and received unanimous consent that
amendment H-8442 be deferred.

Osterhaus of Jackson asked and received unanimous consent that
amendment H-8446 be deferred.

Osterhaus of Jackson asked and received unanimous consent that
amendment H-8438 be deferred.

Hoffman of Crawford asked unanimous consent to withdraw
amendment H-8422 filed by Hoffman, et al., on March 25, 2002,
placing the following amendments out of order:

Amendment H-8436 filed by Fallon of Polk on March 26, 2002.
Amendment H-8445 filed by Wise of Lee and Mascher of Johnson
on March 27, 2002.
Amendment H-8452 filed by Huser of Polk and Van Fossen of Scott
on March 27, 2002.
Amendment H-8453 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8454 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8455 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8456 filed by Van Fossen of Scott et al., on March
27, 2002.

Amendment H-8457 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8458 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8459 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8460 filed by Van Fossen of Scott on March 27,
2002.
Amendment H-8461 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8462 filed by Van Fossen of Scott on March 27,
2002.
Amendment H-8463 filed by Van Fossen of Scott et al., on March
27, 2002.
Amendment H-8466 filed by Shey of Linn on March 27, 2002.
Amendment H-8468 filed by Sievers of Scott on March 27, 2002.
Amendment H-8469 filed by Fallon of Polk from the floor.
Amendment H-8472 filed by Grundberg of Polk from the floor.
Amendment H-8473 filed by Shey of Linn from the floor.

The following amendments, previously deferred, were withdrawn
my unanimous consent:

Amendment H-8438 filed by Osterhaus of Jackson on March 26,
2002.
Amendment H-8442 filed by Fallon of Polk on March 26, 2002.
Amendment H-8446 filed by Osterhaus of Jackson on March 27,
2002.

Brunkhorst of Bremer moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (S.F. 2228)

The ayes were, 91:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Broers Brunkhorst Bukta Carroll
Chiodo Cohoon Connors Cormack
De Boef Dix Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Garman
Greimann Grundberg Hansen Hatch
Heaton Hoffman Horbach Hoversten
Huseman Jacobs Jenkins Jochum
Johnson Jones Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Siegrist, Spkr. Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Tymeson Tyrrell Van Engelenhoven
Warnstadt Weidman Wilderdyke Winckler
Wise Witt Gipp,
Presiding

 


The nays were, 1:
Van Fossen

 


Absent or not voting, 8:
Bradley Brauns Ford Frevert
Hahn Huser Petersen Teig

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2228 be immediately messaged to the Senate.

MOTIONS TO RECONSIDER
(Amendment H-8451 to Senate File 2118)

I move to reconsider the vote by which amendment H-8451 to
Senate File 2118 was adopted by the House on March 28, 2002.

HANSEN of Pottawattamie

I move to reconsider the vote by which amendment H-8451 to
Senate File 2118 was adopted by the House on March 28, 2002.

SIEVERS of Scott

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on March 27,
2002. Had I been present, I would have voted "nay" on Senate File
2190.

REYNOLDS of Van Buren

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 28th day of March, 2002: House Files 2248, 2264, 2310, 2363, 2448, 2467, 2488
and 2497.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2002\877 Officer Richard Pierce, Oelwein - For being awarded the Governor's
Traffic Safety Bureau Award for the State of Iowa.

2002\878 David Murphy, Oelwein High School - For being awarded the Iowa
Banker's Association/Iowa High School Athletic Association
Student Athlete's Achievers Award.

2002\879 Louie Winters, Charles City - For celebrating his 80th birthday.

2002\880 John and Leona Jacobs, Nora Springs - For celebrating their 62nd
wedding anniversary.

2002\881 Mrs. Joseph Hoversten, Sioux City - For celebrating her 100th
birthday on May 18, 2002.

2002\882 Louise Scherff, Denison - For celebrating her 80th birthday.


2002\883 Hans H. Jess, Schleswig - For celebrating his 90th birthday.

2002\884 Amanda Krueger, Denison - For celebrating her 85th birthday.

2002\885 Wadene Foster, Denison - For celebrating her 95th birthday.

2002\886 Jerry and Betty Fouts, Dow City - For celebrating their 50th
wedding anniversary.

2002\887 Red and Dorothy Roberts, Milton - For celebrating their 64th
wedding anniversary.

2002\888 Wilma and Ullin Karn, Humeston - For celebrating their 65th
wedding anniversary.

2002\889 Gladys and N.W. Blackman, Iowa City - For celebrating their 60th
wedding anniversary.

2002\890 Mae Zuber, Williamsburg - For celebrating her 91st birthday.

2002\891 Willard Andrews, Oskaloosa - For celebrating his 80th birthday.

2002\893 Luella Zimmerman, Sigourney - For celebrating her 100th birthday.

2002\892 Jennie Wouterse, Pella - For celebrating her 100th birthday.

2002\894 William and Evelyn Hoffey, Iowa City - For celebrating their 70th
wedding anniversary.

2002\895 Warren and Delores Caslavka, Traer - For celebrating their 50th
wedding anniversary.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 713

Ways and Means: Shey, Chair; Larson and Richardson.

House Study Bill 714

Ways and Means: Shey, Chair; Larson and Shoultz.

House Study Bill 715

Ways and Means: Hansen, Chair; Hoffman and Osterhaus.

House Study Bill 717

Ways and Means: Hansen, Chair; Shey and Winckler.


RESOLUTIONS FILED

HR 118, by Greimann, Finch, Murphy, Frevert, Witt, Stevens,
Larkin, Myers, Jenkins, Bradley, Shoultz, Atteberry, Scherrman,
Kreiman, Smith, Bukta, Reeder, Connors, Kuhn, D. Taylor, Dotzler,
Mertz, Cohoon, Sievers, Winckler, Lensing, De Boef, Huseman,
Kettering, Drake, Roberts, and Brauns, a resolution honoring Cael
Sanderson on his athletic achievements as a wrestler.

Laid over under Rule 25.

HR 119, by Larson, Elgin, Kreiman, Reeder, Hatch, Shey, Hansen,
Jacobs, Jochum, Millage, Myers, Klemme, Horbach, Hahn, Rayhons,
Mascher, Kettering, Stevens, Bradley, Cohoon, Carroll, Dolecheck,
Eichhorn, Murphy, Rekow, Cormack, Huser, Bell, Connors, Reynolds,
Hoversten, Alons, and Siegrist, a resolution honoring the Legal
Services Corporation of Iowa for twenty-five years of service to the
citizens of Iowa.

Laid over under Rule 25.

AMENDMENTS FILED

H-8470 H.F. 2090 Horback of Tama
H-8471 H.F. 2090 Horbach of Tama
H-8474 S.F. 503 Boggess of Page
H-8475 H.F. 2591 Van Engelenhoven of Mahaska
H-8476 H.F. 2591 Rayhons of Hancock
H-8477 H.F. 2591 Rayhons of Hancock
H-8478 H.F. 2591 Rayhons of Hancock
H-8479 H.F. 2591 Rayhons of Hancock
H-8480 H.F. 2591 Rayhons of Hancock
H-8481 H.F. 2591 Rayhons of Hancock
H-8482 H.F. 2591 Rayhons of Hancock
H-8483 H.F. 2193 Senate Amendment
H-8484 H.F. 2591 Rayhons of Hancock

On motion by Rants of Woodbury the House adjourned at 3:01
p.m., until 9:30 a.m., Friday, March 29, 2002.


Previous Day: Wednesday, March 27Next Day: Friday, March 29
Senate Journal: Index House Journal: Index
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